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AMERICAN INDEPENDENCE,
on the night of the
twentieth Septeinber
1777.

(On the south side.)
Here repose

the remains of fifty-three
AMERICAN SOLDIERS,
who were the victims of
cold-blooded cruelty

in the well known
"MASSACRE AT THE PAOLI,"
while under the command
of

GENERAL ANTHONY WAYNE,
an officer

whose military conduct, bravery and humanity,

were equally conspicuous throughout the REVOLUTIONARY WAR.

(On the north side.)

THE

ATROCIOUS MASSACRE

which

this stone commemorates
was perpetrated
by

BRITISH TROOPS,
under the

immediate command

of

MAJOR-GENERAL GREY.

(On the east side.).
This memorial

IN HONOR OF

REV OLUTIONARY PATRIOTISM,

was erected

September 20, 1817,
by the

REPUBLICAN ARTILLERISTS

of Chester county,

aided by the

contributions of their fellow-citizens. It being ascertained that the work would be accomplished in due time for the purpose, the artillerists prepared to close the proceedings with appropriate military honors, on the anniversary of the massacre.

mory of the men of '76 is still cherished with a holy fervor; and that the spirit of those times is still emphatically the spirit of the American people. The numbers, brilliancy, and respectability of the assemblage at the Paoli, on the the morning of the 20th September, has probably never been equalled on any occasion, in Chester county. Upwards of four hundred volunteer troops, of different descriptions, appeared completely equipped; and the concourse of citizens was immense. The zeal and spirit displayed by the Junior Artillerists of Philadelphia, and the volunteer corps from Montgomery and Delaware counties, in attending from such a distance, deserve particular notice and acknowledgment.

At 11 o'clock, the procession was organized by colonel Cromwell Pearce, late of the 16th regt. U. S. infantry, who acted as officer of the day;---and the line of march was taken up in the following order:

Capt. Harris' Union troop of
Chester and Delaware,
in advance.

Col. Pearce,

officer of the day.

Revolutionary officers.

Isaac Wayne esqr. Rev. David Jones.
Officers of the U. S. navy.

"Republican Artillerists of Chester county."
commanded by maj. Barnard,

(with an elegant brass field piece.) Captain Cooper's "Junior Artillerists," from Philadelphia.

Captain Wersler's "Chester county volunteer light infantry."

Capt. Holdgate's "Montgomery Blues.”
Capt. G. G. Leiper's "Delaware Fencibles.
Brig. gen. Brooke, and staff--and
officers of the 3rd division,
Pennsylvania militia.

Field officers of militia, from Philadelphia.
Capt. Holstein's troop of cavalry,
from Montgomery county.
Capt. Smith's Delaware county troop.
Contributors
and
Citizens generally.
The column moved in this order

up the Lan

The surviving officers and soldiers of the revolutionary war; the rev. David Jones, who served as chaplain to gen. Wayne's brigade throughout that contest, and Isaac Wayne, esq. the only son of the general, were particularly requested to honor the company with their pre-caster turnpike road as far as the Warren tasence on that day. The officers of the Srd vern where it wheeled to the left, and proceeddivision of Pennsylvania militia, were also re-ed to the scite of the monument, which it apquested to attend---and the volunteer corps of proached with solemn music, performed by Chester, and the adjacent counties, were in-two bands, attached to capt. Harris' troop, vited to co-operate with the artillerists on that and the Republican Artillerists, respectively, interesting occasion. and accompanied by the music of the other

These several invitations were accepted in corps. By this circuitous route, (about three a manner the most gratifying to the company miles in extent,) the whole ground of the scene who had undertaken the laudable and pious of action, on that disastrous night, was includwork. The attendance evinced that the me-led:

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and protecting property, and pursuing and obtain ing happiness and safety.

Having arrived at the place of interment, the troops, and others, took the several stations assigned to them; and an appropriate address Sec. 2. That all power is inherent in the people; was delivered by major Barnard. The comand all free governments are founded on their au mittee of superintendance then proceeded to happiness. For the advancement of these ends, thority, and instituted for their peace, safety, and put the last hand to their labors, by adjusting they have, at all times, an unalienable and indetea. the pyramid which crowns the monument.- sible right to alter or reform their government in This was succeeded by an interesting account such manner as they may deem proper. of the massacre, by the rev. David Jones, the Sec. 3. That all men have a natural and indefeaformer chaplain to those ill-fated warriors, who the dictates of their consciences. That no man shall sible right to worship Almighty God according to was on the ground at the time of that event. be compelled to attend, erect or support any place It did indeed excite emotions of peculiar in- of worship, or to maintain any ministry against his terest, to hear the voice of the venerable com- consent: That no human authority can, in any case panion of Wayne, now in his eighty-second whatever, control or interfere with the rights of conyear, who had served throughout the revolutionary contest; and who again repaired to the standard of his country, in order to animate his youthful compatriots, during the late war with the same vindictive enemy. When he had finished his remarks, the ceremonies were concluded by twenty rounds from the fieldpiece, by the Republican Artillerists, and several vollies of musquetry, from the light troops.

The procession was then resumed; and, having retired some distance, the several companies were dismissed-and the business of the day terminated in the most decorous and becoming manner. The scene throughout was solemn and imposing: and the impression upon the public feeling was, as it should be, of the most gratifying and salutary character.

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science: And that no preference shall ever be given
by law to any religious societies, or modes of wor-
qualification to any office of trust or profit.
ship; and no religious test shall be required as

Sec. 4. That elections shall be free and equal. Sec. 5 That in all civil cases, where the value in controversy shall exceed the sum of twenty dollars, and in all criminal cases, except in petit misdemean ceeding three dollars, in such manner as the legis ors, which shall be punishable by fine only, not exlature may prescribe by law, the right of trial by ju ry shall remain inviolate.

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Sec. 6. That no power of suspending the opera. tion of the laws shall be exercised, except by the legislature, or its authority.

be demanded, or property taken or applied to public use, without the consent of his representatives, or without a just compensation being made therefor.

Sec. 7. That no man's particular services shall

Sec. 8. The rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but upon probable cularly describing the place to be searched, and cause, supported by oath or affirmation, and partithe persons or things to be seized.

Sec. 9. That the printing presses shall be free to every person who undertakes to examine the pro. Ceedings of the legislature, or any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write, and print, on any subject, being responsible for the

papers investigating the official conduct of officers or men in a public capacity, or where the matter published is proper for the public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direc tion of the court, as in other cases.

We, the representatives of the people of the territory of Indiana, in convention, met at Corydon, on Monday the tenth day of June, in the year of our Lord, eighteen hundred and sixteen, and of the independence of the United States, the fortieth, hav-abuse of that liberty. ing the right of admission into the general govern- Sec. 10. In prosecutions for the publication of ment, as a member of the union, consistent with the constitution of the United States, the ordinance of congress of one thousand seven hundred and eighty seven, and the law of congress, entitled, "an act to enable the people of the Indiana territory to form a constitution and state government, and for the ad. mission of such state into the union on an equal footing with the original sates," in order to establish justice, promote the welfare, and secure the blessings of liberty to ourselves and our posterity; do ordain and establish the following constitution or form of government; and do mutually agree with each other to form ourselves into a free and inde. pendent state, by the name of the state of Indiana.

ARTICLE I.

11. That all courts shall be open, and every per son, for an injury done him, in his lands, goods, per son, or reputation, shall have remedy by the due course of law; and right and justice administered without denial or delay.

Sec. 12. That no person arrested, or confined in jail, shall be treated with unnecessary rigor, or be put to answer any criminal charge but by presentment, indictment, or impeachment.

Sec. 1. That the general, great, and essential principles of liberty and free government may be reSec. 13. That in all criminal prosecutions, the accognized, and unalterably established: We declare, cused hath a right to be heard by himself and counThat all men are born equally free and independent, sel, to demand the nature and cause of the accusaand have certain natural, inherent, and unalienable tion against him, and to have a copy thereof; to rights; among which are, the enjoying and defend- meet the witnesses face to face, to have compulsoing life and liberty, and of acquiring, possessing, ry process for obtaining witt.esses in his favor; ant

in prosecutions by indictment or presentment, assembly, and apportioned among the several comm speedy public trial by an impartial jury of the counties, according to the number of white male inha ty or district in which the offence shall have been bitants above twenty-one years of age, in each; and committed; and shall not be compelled to give evi-1 shall never be less than twenty-five nor greater dence against himself, nor shall he be twice put in jeopardy for the same offence.

Sec. 14. That all persons shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety may require it.

than thirty-six, until the number of white male inhabitants, above twenty-one years of age, shai he twenty two thousand; and after that event, at sich ratio that the whole mumber of representatives shall never be less than thirty-six nor exceed one hundred.

Sec. 3. The representatives shall be chosen an. nually, by the qualified electors of exca county, reSec. 15. Excessive bail shall not be required, ex-spectively, on the first Monday of Agust cessive fines shall not be imposed, nor cruel and unusual punishments inflicted.

Sec. 16. All penalties shall be proportioned to the nature of the offence.

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Sec. 4. No person shall be a represen ative, unless he shall have attained the age of twenty-one years; and shall be a citizen of the United States, and an inhabitant of this state; and shall iso resided within the limits of the county in which he shall be chosen, one year next preceding his elec tion, if the county shall have been so long erected; but if not, then within the limits of the county or counties out of which it shall liave been taken, unSec. 18. No ex post facto law, nor any law impair. less he shall have been absent on the public busiing the validity of contracts, shall ever be made,ness of the United States, or of this state, and sbal and no conviction shall work corruption of blood, nor forfeiture of estate.

Sec. 17. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate, for the benefit of his creditor or creditors, in such manner as shall be prescribed by law.

Sec. 19. That the people have a right to assemble together, in a peaceful manner, to consult for their common good, to instruct their representa tives, and to apply to the legislature for a redress of grievances.

have paid a state or county tax.

Sec. 5. The senators shall be chosen for three years, on the first Monday in August, by the qua lified vaters for representatives; and on their being convened, in consequence of the first election, they shall be divided by lot, from their respective coun ties or districts, as near as can be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the first year; and the

Sec. 20. That the people have a right to bear arms for the defence of themselves, and the state; and that the military shall be kept in strict sub-second class at the expiration of the second year. ordination to the civil po ver.

Sec. 21, That no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law,

Sec. 22. That the legislature shall not grant any title of nobility, or hereditary distinctions, nor create any office, the appointment to which shall be for a longer term than good behavior.

Sec. 23. That emigration from the state shall not be prohibited.

Sec. 24. To guard against any encroachments on the rights herein retained, we declare, that every thing in this article, is excepted out of the general powers of government, and shall forever remain inviolable.

ARTICLE II.

and of the third class, at the expiration of the third year; so that one third thereof, as near as possible, may be annually chosen, forever thereafter.

Sec. 6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the general assembly, and apportioned among the several counties or districts, to be established by law, according to the number of white male inhabitants of the age of twenty-one years in each, and shall never be less than one third, nor more than one half of the number of representa. tives.

Sec. 7. No person shall be a senator unless he shall have attained the age of twenty five years, and shall be a citizen of the United States, and shall, next preceding the election, have resided two years in the state, the last twelve months of which, The powers of the government of Indiana shall in the county or district in which he may be elect be divided into three distinct departments, and ed, if the county or district shall have been so long each of them be confided to a separate body of erected; but if not, then within the limits of the magistracy, to wit: Those which are legislative, county or counties district or districts, out of which to one; those which are executive, to another; and the same shali have been taken; unless he shall those which are judiciary, to another: And no have been absent on the public business of the person, or collection of persons, being of one of United States, or this state, and shall, moreover, those departments, shall exercise any power pro-have paid a state or county tax. perly attached to either of the others, except in the instances herein expressly permitted.

ARTICLE III.

Sec. 1. The legislatve authority of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives, both to be elected by the people.

.Sec. 2. The general assembly may, within two years after their first meeting, and shall, in the year eighteen hundred and twenty, and every subsequent term of five years, cause an enumeration to be made of all the white male inhabitants above the age of twenty-one years. The number of representatives shall, at the several periods of making such enumeration, be fixed by the general as

Sec. 8. The house of representatives, when assembled, shall choose a speaker, and its other offi. cers: and the senate shall choose its officers, except the president; and each shall be judges of the qualifications and elections of its members, and sit upon its own adjournments. Two-thirds of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members.

Sec. 9. Each house shall keep a journal of its proceedings, and publish them. The yeas and nays of the members, on any question, shall at the request of any two of them, be entered on the journals.

Sec. 10. Any one member of either house shall have liberty to dissent from, and protest against,

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Sec. 23. The house of representatives shall have any act or resolution, which he may think injurious to the public, or any individual or individuals, the sole power of impeaching; but a majority of all and have the reason of his dissent entered on the the members elected must concur in such impeach. journals. ment. All impeachments shall be tried by the Sec. 11. Each house may determine the rules of senate; and when sitting for that purpose, the its proceedings, punish its members for disorderly senators shall be upon oath or affirmation, to do behaviour, and, with the concurrence of two-thirds, justice according to law and evidence. No person expel a member, but not a second time for the shall be convicted without the concurrence of e same cause; and shall have all other powers neces- majority of all the senators elected. sary for a branch of the legislature of a free and independent state.

Sec. 24. The governor, and all civil officers of the state, shall be removed from office, an impeac Sec. 12. When vacancies happen in either branchment for, and conviction of treason, bribery, or of the general assembly, the governor, or the per son exercising the power of governor, shall issue writs of election to fill such vacancies.

other high crimes and misdemeanors; but jude. ment, in such cases, shall not extend further than renoval from office, and disqualification to hold any Sec. 13. Senators and representatives shall, in office of honor, profit or trust, under this state. all cases except treason, felony, or breach of the The party, whether convicted or acquitted, shall, peace, be privileged from arrest, during the session nevertheless, be liable to indictment, trial, judg of the general assembly, and in going to or retura-Bent, and punishment, according to law. Sec. 25. The first session of the general essem ing from the same; and for any speech or debate in either house, they shall not be questioned in any bly shall commence on the first Monday of No other place. vember next; and forever after, the general assein

Sec. 14. Each house may punish, by imprison-bly shall meet on the first Monday in December, ment, during their session, any person, not a mem-in every year, and at no other period, unless ber, who shall be guilty of disrespect to the house, directed by law, or provided for by this constitu by any disorderly or contemptuous behaviour in their tion. presence: provided such imprisonment shall not, at any one time, exceed twenty-four hours.

Sec. 26. No person, who hereafter may be a collector, or holder of public money, shall have a seat Sec. 15. The doors of each house, and of com-in either house of the general assembly, until such mittees of the whole, shall be kept open except person shall have accounted for, and paid into the in such cases as in the opinion of the house, may treasury, all sums for which he may be accountable, require secrecy. Neither house shall, without the consent of the other, adjourn for more than twel days, nor to any other place than that in which the two houses shall be sitting.

Sec. 16. Bills may originate in either house, but may be altered, amended, or rejected, by the other.

Sec. 17. Every bi!! shall be read on three dif ferent days in each house, unless, in case of urgency, two-thirds of the house, where such bill may be depending, shall deem it expedient to dispense with this rule: And every hill, having passed both houses, shall be signed by the president and speaker of their respective houses.

Sec. 18. The style of the laws of this state shall be, "Be it enacted by the general assembly of the state of Indiana."

ARTICLE IV.

Sec. 1. The supreme executive power of this state shall be vested in a governor, who shall be styled, the governor of the state of Indiana.

Sec. 2. The governor shall be chosen by the qua lified electors, on the first Monday in August, at the places where they shall respectively vote for representatives. The returns of every election for governor shall be sealed up, and transmitted to the seat of government, directed to the speaker of the house of representatives, who shall open and pub. lish them in presence of both houses of the general assembly. The person having the highest number of votes shall be governor; but if two or more shall be equal, and highest in votes, one of them shail be chosen governor by the joint vote of the members of both houses. Contested elections shall be de.

Sec. 19. All bills for raising revenue shall ori-termined by a committee to be selected from both ginate in the house of representatives, but the senate houses of the general assembly, and formed and remay amend or reject, as in other bills. gulated in such manner as shall be directed by law.

Sec. 20. No person, holding any office under the Sec. 3. The governor shall hold his office during authority of the president of the United States, or of this state, militia officers excepted, shall be three years, from and after the third day of the eligible to a seat in either branch of the general first session of the general assembly, next ensuing assembly, unless he resign his office previous to his his election, and until a successor shall be chosen election; nor shall any member of either branch of and qualified, and shall not be capable of holding the general assembly, during the time for which it longer than six years in any term of nine years. Sec. 4. He shall be at least thirty years of age, he is elected, be eligible to any office, the appointment of which is vested in the general assembly: and shall have been a citizen of the United States Provided, That nothing in this constitution shall for ten years, and have resided in the state five years be so construed as to prevent any member of the next preceding his election; unless he shall have first session of the first general assembly from ac-been absent on the business of this state, or of the cepting any office that is created by this constitu- United States: Provided, That this shall not dis. tion, or the constitution of the United States, and the salaries of which are established.

Sec. 21. No money shall be drawn from the treasury but in consequence of appropriations made by

law.

qualify any person from the office of governor, who shall be a citizen of the United States, and shall have resided in the Indiana territory two years next preceding the adoption of this constitution.

Sec. 5. No meniber of congress, or person hold. Sec. 22. An accurate statement of the receipts ding any office under the United States, or this and expenditures of the public money shall be at-state, shall exercise the office of governor or lieutached to, and published with, the laws, at every tenant governor. annual session of the general assembly.

Sec. 6. The governor shall, at stated times, receive for his services a compensation, which shall

neither be increased nor diminished during the term for which he shall have been elected.

(president of the senate, shall receive for his services, the same compensation which shall, for the same period, be allowed to the speaker of the house

time he administers the government, as governe or, shall receive the same compensation which the governor would have received and been entitled to, had he been employed in the duties of his o..2, and no more.

Sec. 7. He shall be commander in chief of the army and navy of this state, and of the malitia thereof representatives, and no more: And during the of, except when they shall be called into the service of the United States; but he shall not command nersonally in the field, unless he shall be advised ♦ to do by a resolution of the general assembly. Sec. 8. He shall nominate, and by and with the advice and consent of the senate, apppoint and com- Sec. 19. The president pro tempore of the senate, mission all officers, the appointment of which is not during the time he administers the government, otherwise directed by this constitution; and all offi- shall receive, in like manner, the same compeast. cers which may be created by the general assem-tion which the governor would have received hack bly, shall be filled in such manner as may be direct- he been employed in the duties of his office, and no ed by law.

more.

Sec. 9. Vacancies that may happen in offices, the Sec. 20. If the lieutenant governor shall be calappointment of which is vested in the governor and led upon to administer the government, and shall, senate, or in the general assembly, shall be filled while in such administration, résign, die, or be ab. by the governor, during the recess of the general sent from the state, during the recess of the geneassembly, by granting commissions that shall expireral assembly, it shall be the duty of the secretary of at the end of the next session.

Sec. 10. He shall have power to remit fines and forfeitures, grant reprieves and pardons, except in cases of impeachments.

Sec. 11. He may require information, in writing, from the officers in the executive departiment, up on any subject relating to the duties of their re, spective offices,

Sec. 12. He shall, from time to time, give to the general assembly information of the affairs of the state, and recommend to their consideration such measures as he shall deem expedient.

Sec. 13. He may, on extraordinary occasions, convene the general assembly at the seat of govern. ment, or at a different place, if that shall have become, since their last adjournmen', dangerous from an enemy, or from contagious disorders; and in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the time of their next annual session,

state, for the time being, to convene the senate for the purpose of choosing a president pro tempore.

Sec. 21. A secretary of state shall be chosen by the joint ballot of both houses of the general assembly, and be commissioned by the governor, for four years, or until a new secretary be chosen and qualified. He shall keep a fair register, and attest all the official acts and proceedings of the govern. or; and shall, when required, lay the same, and all papers, minutes, and vouchers, relative thereto, before either house of the general assembly; and shall perform such other duties as may be enjoiced him by law.

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Sec. 22. Every bill which shall have passed both houses of the general assembly, shall be presented to the governor: if he approves he shall sign it; but if not, he shall return it, with his objections, to the house, in which it shall have originateel, whe shall enter the objections at large upon their jour nals, and proceed to reconsider it. If, after such consideration, a majority of all the members elect

Sec. 14. He shall take care that the laws be faith-ed to that house shall agree to pass the hill, it shall fully executed.

be sent, with the objections, to the other house, by Sec. 15. A lieutenant-governor shall be chosen, at which it shall likewise be reconsidered, and if ap every election for a governor, in the same manner, proved by a majority of ail the members elected to continue in office for the same time, and possess that house, it shall be a law: but in such cases, the the same qualifications. In voting for governor and votes of both houses shall be determined by yeas lieutenant governor, the electors shall distinguish and nays, and the names of the persons voting for, whom they vote for as governor, and whom as lieu and against the bill, shall be entered on the journals tenant governor. of each house respectively. If any bill shall not be Sec. 16. He shall, by virtue of his office, be pre-returned by the governor, within five days (Sunday's silent of the senate, have a right, when in commit- excepted) after it shall have been presented to him, ee of the whole, to debate, and vote on all subjects, it shall be a law, in like manner as if he had signed and when the senate are equally divided, to give it; unless the general adjournment prevents its rethe casting vote. turn; in which case it shall be a law, unless sent back Sec. 17. In case of impeachment of the governor, within three days after their next meeting. his removal from office, death, refusal to qualify, Sec. 23. Every resolution, to which the concur. resignation, or absence from the state, the lieuten-rence of both houses may be necessary, shall be ant governor shall exercise all the powers and au- presented to the governor, and before it shall take thority appertaining to the office of governor, until eflect, be approved by him, or being disapproved, another be duly qualified, or the governor absent shall be repassed by a majority of all the members or impeached, shall return or be acquitted.

Sec. 18. Whenever the governinent shall be administered by the lieutenant governor, or he shall be unable to attend as president of the senate, the senate shall elect one of their own members as president for that occasion. And if during the va cancy of the office of governor, the lieutenant governor, shall be impeached, removed from office, re. fuse to qualify, resign, die, or be absent from the state, the president of the senate pro tem, shall in like manner, administer the government, until he shall be superseded by a governor, or lieutenant governor. The lieutenant governor, while he acts as

elected to both houses, according to the rules and limitations prescribed in case of a bill.

Sec. 24. There shalt be elected by joint ballot of both houses, of the general assembly, a treasurer, an auditor, whose powers and duties shall be prescribed by law, and who shall hold their offices three years, and until their successors be appointed and qualified.

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Sec. 25. There shall be elected in each county, by the qualified electors thereof, one sheriff, and one coroner, at the times and places of holding elec. tions for members of the general assembly. They shall continue in office two years, and until succes.

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